Mississippi Premises Liability Lawyer

How does Mississippi classify people who are hurt on property?

Mississippi uses three categories, and the owner's duty depends on which one you fall into. The category is often the first fight in a premises case.

• Invitees enter for the owner's benefit or a mutual benefit, like customers, hotel guests and casino patrons. The owner must keep the premises reasonably safe and warn of hidden dangers it knows about or should discover.
• Licensees enter for their own purposes with permission, such as some social guests. The owner generally must avoid willful or wanton injury.
• Trespassers have no permission. The owner's duty is similar to the duty owed to licensees.

Because invitees are owed so much more, most claims against businesses involve invitees. A guest at a private home may face a harder case.

Does an open and obvious hazard defeat a Mississippi claim?

No, not automatically. In Mississippi, the fact that a hazard was obvious is weighed as part of comparative fault rather than serving as a complete bar.

That means a jury can find an owner responsible for a dangerous condition while also finding that the visitor should have seen it. Here is a worked example. A shopper trips over a pallet left in a store aisle in Jackson. A jury values her damages at $80,000 and finds her 40 percent at fault for not watching where she was walking. She recovers $48,000. Even at 70 percent fault, she would still recover $24,000 under Mississippi's pure comparative fault rule.

Which Mississippi properties lead to premises claims?

Casinos, hotels, stores and rental housing account for many of the cases we see.

Casino resorts

Coastal casinos in Biloxi and Gulfport and river casinos in Tunica, Vicksburg and Natchez draw large crowds. Common hazards include spilled drinks on gaming floors, crowded escalators, parking garages and pools. Casinos have extensive camera systems, so a prompt written request to preserve video is important. Tribal casinos follow different rules because of sovereign immunity.

Stores and restaurants

Spills, merchandise in aisles, broken floor tiles and rain tracked in at entrances cause many falls. Mississippi's heavy rains make wet entrances a frequent problem.

Hotels and rental property

Broken stairs, poor lighting, loose railings and unsafe pools cause injuries at hotels and apartment complexes. Hurricane damage that is left unrepaired can also create hazards. Water-damaged flooring, sagging balconies and temporary repairs that become permanent are common after a storm season on the Coast. A landlord or hotel that knows about storm damage and keeps renting the space without fixing it may be responsible for the injuries that follow.

Can a business be liable for an assault on its property?

Yes, in some circumstances. A Mississippi property owner may be liable for a third party's criminal attack when it knew or should have known of the attacker's violent nature or of an atmosphere of violence on the property.

Prior incidents, police calls and complaints from tenants or guests can show that atmosphere. Poor lighting, broken locks, absent security and ignored warnings can show that the owner did not take reasonable steps. These cases often involve apartment complexes, hotels, convenience stores and parking lots. Our premises liability practice investigates them carefully.

What if you were hurt on public or recreational property?

Claims against cities, counties, state agencies and public hospitals follow the Mississippi Tort Claims Act. It requires a written notice of claim before suit, has a much shorter filing period than the usual 3 years and limits damages.

Mississippi also protects landowners who open land to the public for free recreation, generally limiting their liability. Public parks, trails and boat launches may involve both rules. Our government property claims team handles notice requirements.

What should you do after a fall in Mississippi?

1. Report the incident to the manager, casino security or landlord and ask for a copy of the report.
2. Photograph the hazard, the lighting, any warning signs and your shoes.
3. Get witness names.
4. Get medical care and keep all records.
5. Send a written request asking the owner to preserve video.

Dog attacks on property follow different rules, explained on our dog bite page. For other state rules, see our Mississippi injury overview. We offer a free case review, and you pay no fee unless we win.